President Trump's outside adviser for judicial nominations discussed some of the president's options in replacing retiring Justice Anthony Kennedy.

Kennedy was nominated and confirmed in 1987 by President Reagan after several Republicans, notably including then-Sen. Arlen Specter of Pennsylvania, famously torpedoed the nomination of Judge Robert Bork.

Kennedy replaced Justice Lewis Powell, who was nominated by Richard Nixon.

Leonard Leo said that once Trump offers a nomination to the Senate, the body will take about "72 to 100 days" to confirm or deny the jurist a seat on the Supreme Court.


Bret Baier asked Leo about the Democrats' call for the president to wait until after the upcoming elections before nominating a justice to the court, using what is often dubbed the "Joe Biden Rule."

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In 1992, Biden called for the presidential election to come before another justice was nominated to the court. Since then, both Democrats and Republicans have called on each other's parties to follow the apparent precedent set by the then-senator from Delaware.

Leo said the issue is somewhat moot because the 2018 elections do not feature a presidential bid, adding that the voters "knew what they were getting" when they elected Trump.

Leo said two of the jurists being considered are Judge Brett Kavanaugh of Washington, D.C. and Thomas Hardiman of Pittsburgh, Pa.

He said Kavanaugh has a "distinguished service on the federal bench" and that Hardiman is a judge counted on to "interpret laws as written."

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